the law does not allow them to do that. but when they do that, if they get away with it, then those subsidies will trigger, those illegal subsidies, will trigger illegal penalties against employers and individuals in those states. >> reporter: the government argues that the plaintiffs are misreading the law and taking a statute out of context, but that argument was not enough to stop a federal judge from allowing the suit from going forward. david, tell us, why are you suing the federal government? >> the affordable health care act is making it difficult on my business, making it very difficult to do business for a small entity like me, so, i'm either going to have to alter the way i do business or go on some sort of a relief program let's face it, the government's broke. they just don't to keep doling out and bringing more and more people in and i don't need the product. you would be paying for my health insurance. it's something that i don't even need. and yeah, i do have a philosophical problem with that. >> reporter: if